North America

2 Detectives of NYPD Indicted for Rape

By Sarah Purtill
Impunity Watch Reporter, North America

NEW YORK CITY, New York – On September 15, two New York City detectives stopped a car in Brooklyn under the pretense of searching its occupants for drugs. In particular, the drug at issue was marijuana. The detectives were dressed in plain street clothes and were driving an unmarked vehicle. Inside the car they stopped was an 18-year-old woman and two men.

The detectives searched the vehicle for drugs and asked the woman to lift her skirt “to make sure there is nothing under there.” The woman’s lawyer, Michael David, says “She was petrified, so she showed it. She said, ‘See, I’m not hiding anything.” Immediately after lifting her skirt, the detectives ordered the woman to get out of the car. She was then placed in handcuffs, put in the backseat of the detectives’ car and was told she would be driven to the 60th precinct. The precinct was about a mile and a half from where the woman was pulled over.

According to the woman, the detectives never drove to the precinct. Instead, they drove to a parking lot of a Chipotle that was nearby. It was at that point, the woman said the detectives raped her. She alleges that 45 minutes after, she was shoved out of the detective’s vehicle, not that far from the 60th precinct. The woman called her mother, who took her to Maimonides Medical Center in Borough Park Brooklyn. Her attorney has called the incident a kidnapping. “I don’t think a gang rape has ever been reported in the history of the N.Y.P.D,” Mr. David said.

Two NYPD Detectives have been indicted on the rape of an 18-year-old woman. Photo Courtesy of Spencer Platt. 

The woman has become weary from waiting for weeks for some kind of action by prosecutors. “She was getting more frustrated by the day, this has been going on for six weeks already, and it just seemed she was crying for help,” Mr. David said. He adds that she has been crying and is depressed and that this alleged crime has placed a strain on the relationship she has with her parents.

Both the detectives, Edward Martins and Richard Hall, have been suspended without pay during the investigation. These actions are usually reserved for officers who have been charged with crimes. At this point, both of the officers has been indicted by a grand jury for the alleged rape as well as for bribery. The charge for bribery stems from telling the woman they would let her go if she did what they wanted. The detectives had been stripped of their guns and put on “modified duty” after the allegations emerged.

So far, the Brooklyn district attorney’s office has declined to comment. Mark A. Bederow, the attorney for Detective Martins said, “We are going to vigorously contest these charges in a court of law, rather than the court of public opinion.” “We look forward to defending any charges in a court of law rather than in the court of public opinion,” Bederow, said. The detectives’ supervisor has also been placed on modified duty after the woman’s allegations emerged. The detectives were also demoted to police officers last week.

Hall and Martin are said to be turning themselves in early next week, says sources of New York Daily News. The sources say this surrender is likely part of an agreement between the prosecution and detectives because they are not considered a flight risk.

For more information, please see:

Fox News – 2 NYPD Detectives Suspended Amid Probe of Rape Allegations – 28 October 2017

New York Daily News – Two NYPD Detectives Indicted In Rape of 18-Year-Old Woman They Busted For Pot – 27 October 2017

New York Times – Indictment Issued in Case of 18-Year-Old Who Said 2 Officers Raped Her – 27 October 2017

New York Times – Brooklyn Prosecutors Investigating Rape Charge Against Detectives – 1 October 2017

DHS to Decide on Continuation of TPS Program for Haitians in US

By: Karina Johnson
Impunity Watch Reporter, North America

PORT-AU-PRINCE, Haiti — On November 6, the Department of Homeland Security is expected to make a decision as to the continuation of the Temporary Protected Status program that affects over 300,000 foreign nationals currently residing in the United States.

Men visiting a mass-grave of victims from the 2010 earthquake outside of Port-au-Prince. Photo Courtesy of Shannon Stapleton.

According to a report prepared by the Congressional Research Service, Temporary Protected Status (TPS) is a provision within the Immigration and Nationality Act to protect foreign nationals currently in the United States.  The program grants a temporary legal status—typically for a period of six to eighteen months—to migrants who do may not qualify as refugees, but whose home countries are in some sort of crisis, such as civil unrest, wide-spread violence, or a natural disaster.  This allows them to apply for a work permit and a driver’s license and prevents their deportation.  There are currently over 300,000 people from 13 countries under Temporary Protected Status, including individuals from Syria, El Salvador, and Haiti.  According to The Washington Post, TPS beneficiaries are the parents of around 190,000 US-citizen children.

Haitians were granted TPS in the US by the Obama administration in January 2010 following a 7.0-magnitude earthquake that killed around 200,000 people and left 1.5 million homeless.  Haiti has suffered several crises since then, including an outbreak of cholera in late 2010 that infected close to 800,000 and killed over 9,000 people, sexual abuse of hundreds of people at the hands of UN peacekeepers dating back to 2004, as well as a 1,000-people killed by Hurricane Matthew in 2016.  The recent hurricanes have also destroyed infrastructure and caused food shortages across the country.

The Department of Homeland Security (DHS) extended Haiti’s TPS several times, the last time being on May 24, 2017.  After a bipartisan effort from several Florida politicians, DHS Secretary General John Kelly approved a six-month extension of the July 22, 2017, deadline, but expressed that Haitians should begin preparations to return to Haiti come January 22, 2018.  According to the US Citizenship and Immigration Services’ website, “At least 60 days before Jan. 22, 2018, Secretary Kelly will re-evaluate the designation for Haiti and will determine whether another extension, a re-designation, or a termination is warranted, in full compliance of the Immigration and Nationality Act.”

There are 59,000 Haitians living in the US under TPS, 80% of which are employed; $1.3 billion in remittances from US-based Haitians accounted for 15% of Haiti’s economy in 2015.

In contrast, Haiti is currently the poorest countries in the Western Hemisphere, with 6 million people—approximately 59% of the population—living below the national poverty line.

For more information, please see:

NBC News – Will Central Americans, Haitians ‘Protected’ by U.S. Be Sent Home? – 23 October 2017

NACLA – Temporary Protected Status in Limbo – 20 October 2017

The Washington Post – Tens of thousands of Haitian, Central American immigrants could lose protected status – 20 October 2017

Al Jazeera – UN peacekeepers leave Haiti: What is their legacy? – 6 October 2017

USCIS – Temporary Protected Status Designated Country: Haiti – 3 October 2017

Sun Sentinel – Hurricane Irma effects are one more reason to extend TPS for Haitians, lawmakers argue – 18 September 2017

The Intercept – The Trump Administration is Playing with the Lives of 59,000 Haitians – 26 September 2017

The New Yorker – A Harrowing Turning Point for Haitian Immigrants – 12 May 2017

Congressional Research Service – Temporary Protected Status: Current Immigration Policy and Issues – 17 January 2017

Former HIV-Positive School Aide Accused of Sexually Assaulting 42 Boys

By: Sarah Louise Purtill
Impunity Watch Reporter, North America 

MARYLAND, U.S. – Carlos Bell, a former school aide and track coach has been accused of sexually assaulting 42 juvenile boys. Bell was a teaching aid at Benjamin Stoddert Middle School and a track coach at La Plata High School. Bell told police he was HIV positive and that he was HIV positive when he assaulted the boys and evidence corroborated the claim.

Maryland’s State Attorney’s Office has indicted Bell on 206 counts. This is the third time the indictment has been updated to reflect charges from additional alleged victims as more are discovered.

The boys are between the ages of 11 and 17. 28 of the alleged victim are identified while the remaining 14 alleged victims are unidentified according to the State Attorney’s Office for Charles County.  In December of 2016, police say an investigation was started on Bell after a tip that Bell was involved in inappropriate behavior with a student while coaching track.

Sheriff Troy Berry said, “A parent observed suspicious text messages on a child’s phone that were sexual in nature.”  The parent checked her child’s phone and found inappropriate text messages involving Bell. However, Bell was not arrested until July. At that time, the Charles County Sheriff’s Office said as many as 10 boys were assaulted, 7 of which were identified by video found in Bell’s home. During the search of Bell’s home, police also found computers and other electronics that linked him to the production of child porn. Among that evidence were graphic images of Bell sexually assaulting victims.

Carlos Bell has been indicted on 206 counts in relation to his sexual assault of students while working at a middle school in Maryland. Photo Courtesy of Charles Co. Police Dept.

Bell allegedly assaulted the boys without protection. So far, the State Attorney’s Office for Charles County stated that they are not aware of any of the alleged victims testing positive for HIV. The abuse is believed to have been committed from May 2015 through June 2017. Bell is accused of abusing the alleged victims at the Middle School, his home and possibly, other locations.

At this time, the State Attorney’s Office said charges against Bell include: 22 counts of sexual abuse of a minor, 19 counts of second-degree sex offense, 19 counts of second-degree sex offenses, 7 counts of third-degree sex offense, 97 counts of child pornography and other offenses. If convicted of these crimes, the State Attorney’s Office will seek life in prison. Currently, Bell is being held without bail and his next court date is January 8, 2018.

The Superintendent of Schools for Charles County, Kimberly A. Hill, said they have been cooperating with authorities in a letter dated July 3, 2017.  The letter also stated that Bell has not worked in any of the school buildings since December 22, 2016. Lastly, the note also stated “To our parents and our community, who put their faith and trust in us to safeguard their children, I apologize on behalf of Charles County Public Schools.”

For more information, please see:

Fox News – HIV-infected School Aide Accused of Sexually Victimizing 42 Children in Maryland – 24 October 2017

NY Daily News – Former Maryland School Aide Who Is HIV Positive Sexually Assaulted 42 Boys, Police Say – 23 October 2017

WJLA – HIV Positive Former Md. Coach Indicted on 206 Counts; 42 Alleged Victims Reported – 23 October 2017

WJLA – Former Md. School Coach Charged with Child Porn, Assault on Male Students, Has HIV – 28 July 2017

74 Foster Children Missing in Kansas

By Sarah Purtill
Impunity Watch Reporter, North America

KANSAS, United States – More than 70 children are missing from Kansas’ privatized foster care system. In total, there are 74 children missing from the Kansas foster care system. KVC Kansas, the contractor for the cases in eastern Kansas has 38 of the missing children under its supervision and 36 more are under the supervision of Saint Francis Community Service’s in the western part of the state.

Three sisters, under the care of their great aunt, have not been seen since late August. Phyllis Gilmore, the head of the Kansas Department for Children and Families was not aware of the sisters’ disappearance before the Kansas City Star first reported it. Gilmore claims that tracking children in foster care is just one of the department’s responsibilities. She says the department has policies in place to attempt to find missing children and return them to their foster homes. “These children who run away are not under lock and key; they are generally in family foster homes, older youth, who attend school and activities, and they often miss their biological families,” she said.

Phyllis Gilmore, head of the Kansas Department of Children and Families was not aware three sisters in foster care have been missing since August. Photo Courtesy of HPPR.

Kansas has approximately 7,100 children in foster care as of August 2017. The missing 74 are 1% of the total children in the foster care system. That number is on par with the national average. The United States Department of Health and Human Services reported that during the 2015 federal government’s fiscal year, approximately 4,600 foster care children were listed as runaways which is about 1.1% of the almost 428,000 total.

Rep. Linda Gallagher said even if the number of missing children is on par with the national average, it is still too many. Chad Anderson, chief clinic officer at KVC Kansas, acknowledged to the child welfare task force that contractors can do a better job. “I don’t know that we as contractors have shared as much in terms of missing youth and the day to day as we probably should,” Anderson said. He added that contractors update the Department of Children and Families every 30 days on missing children.

During a meeting of an oversight panel at the Statehouse in Topeka, foster care contractors provided the information in response to questions about the disappearance of the three sisters. Rep. Steve Alford, chair of the task force, said he really was not surprised by the number of kids missing after the meeting. “There’s a break between DCF and the contracting,” he said. “Once the children … [go from the court] into the possession of the secretary, she hands them off to the contractors and it’s their responsibility, you know, it’s kind of like out of sight, out of mind in a lot of aspects.”

For more information, please see:

Fox News – More Than 20 Kids Missing From Kansas Foster Care System – 12 October 2017

HPPR – More Than 70 Kids Missing From Kansas’ Foster Care System – 11 October 2017

Time – ‘Flabbergasted.’ More Than 70 Children are Missing From Foster Care – 11 October 2017

US News – 70 Plus Children Missing From Kansas Foster Care System – 11 October 2017

Loophole Created Excluding Birth Control Coverage By Companies and Nonprofits

By Sarah Purtill
Impunity Watch Reporter, North America

WASHINGTON, D.C., U.S. – The Trump Administration has created a loophole for companies and nonprofits when it comes to birth control. The new rule allows for companies and nonprofits to exclude coverage for contraception if the company or nonprofit has a moral or religious objection. Much of the controversy over providing contraception to women centers on its use for family planning. But many medical conditions also require the use of hormonal birth control methods.

The California Attorney General filed a lawsuit on October 6, 2017 challenging the new policy allowing companies to exclude coverage for contraception. The original Obama Care mandate required that employers offer health insurance that covers birth control without a co-pay and with limited exemptions for religions and some companies. Now, employers will not have to file anything with the government to stop offering the birth control coverage; all they have to do is notify their employees of the decision, according to Health and Human Services officials.

Demonstrators in favor of the birth control provision of the 2015 Affordable Care Act. Photo Courtesy of NPR.

There are many women who use birth control for reasons other than to prevent unwanted pregnancies. Many women take birth control for conditions such as endometriosis or polycystic ovary syndrome. Hormonal birth control can keep these disorders in check. Women who have these conditions have no control over them and often rely on birth control to keep it from worsening or to limit the pain they endure. Sometimes, when these disorders are left untreated, they can lead to heart disease and diabetes.

Many women are angered by this loophole and find it unreasonable. Author and blogger Jennifer Lawson said, “No employer knows me well enough to decide what is or isn’t acceptable for myself, my daughter, or anyone else. And they shouldn’t have to know me well enough because it’s none of their business.”

Those in favor of the changes and officials say that it is to protect religious freedom.  Roger Severino, director of the HHS Office of Civil Rights said, “this provides an exemption, and it’s a limited one. We should have space for organizations to live out their religious identity and not face discrimination.” Severino said he expects most companies will continue to provide birth control.

However, some health policy analysts say the new rule creates a huge opening that lets any employer claim an exemption, leaving their female workers to pay the full cost of any birth control out of pocket. The change sets up the fight between advocates of religious freedom and those advocating for women’s rights. The American Civil Liberties Union filed a suit against the Trump Administration on the same day the rule was published, claiming it violated the 14th Amendment’s Equal Protection Clause, which ensures that all people receive equal protection under the law.

For more information, please see:

Bloomberg – Trump Officials Dispute the Benefits of Birth Control to Justify Rules – 6 October 2017

CNN – Beyond Just Birth Control: Rollback Leaves Some Women Fearful – 6 October 2017

The Hill – California Challenges Trump’s Rollback of Birth Control Mandate – 6 October 2017

NPR – Trump Guts Requirement That Employer Health Plans Pay for Birth Control – 6 October 2017